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The objective of this study is to answer as to whether justice is served when a defendant is allowed to plea-bargain his or her case in court and why. This process is such that the prosecutor enables the defendant to plead guilty to a charge that is lesser than the original charge with less maximum sentence than the original charge.
There are many various factors that determine whether each case will be eligible for a plea bargain. This involves both sides of the case weighing the strength of their case and whether going to trial would be an effective resolution to the case. Another factor that determines whether a plea bargain might be satisfactory is the public push for prosecuting the case to the full extent of the law. The defense attorney gives consideration to the desire of the individual defendant to go to trail and the seriousness…
The Pros and Cons of Plea Bargaining (2013) LawInfo. Retrieved from: http://resources.lawinfo.com/en/articles/plea-bargaining-and-deals/federal/the-pros-and-cons-of-plea-bargaining.html
Blankenship, G. (2003) Debating the Pros and Cons of Plea Bargaining. The Florida Bar News. 15 Jul 2003. Retrieved from: http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/Articles/6F11A9B117DAFB2185256D5F004C4985
Exodus 21: 24 (2013) Bible Hub. Retrieved from: http://biblehub.com/exodus/21-25.htm
Many criminal cases are often resolved out of court through agreement between the aggrieved party and the offender. The process of achieving such a settlement is referred to as Plea Bargain in law. It is a practice that is used in many jurisdictions to resolve cases. Either of the sides in the case may initiate the Plea bargain process. Both sides have to agree before such a process succeeds (How Courts Work | Public Education). The Plea-Bargaining process involves pleading guilty by a defendant to a lesser charge. It may also involve pleading guilty to only one or all of the charges leveled; with the prosecuting attorney pleading for or recommending leniency in the sentences. It should be noted that the judge is not bound by the recommendation for leniency by the prosecution. Some plea bargains are approved by courts while others are not.
Sentence Bargaining and Charge…
American Bar Association. How Courts Work | Public Education. (n.d.). Retrieved January 4, 2017, from http://www.americanbar.org/groups/public_education/resources/law_related_educatio n_network/how_courts_work/pleabargaining.html' target='_blank' REL='NOFOLLOW'>
Very often, plea bargains allow the defendant to agree to perform some socially beneficial tasks for the purpose of deterring similar crimes which are more beneficial to society than traditional incarceration. For example, those charged with littering might agree to clean up highways while wearing signs publicizing the embarrassing consequences of littering or those charged with petty thefts like shoplifting wearing signs identifying their crimes publicly in lieu of ninety-day jail sentences. In other instances, plea bargains in which defendants agree to conditions including reimbursing victims of their crimes also serve more social utility than imposing a term of incarceration without any restitution to the victims.
Besides the issues of cost savings associated with plea bargains in lieu of trial, incarceration itself is tremendously expensive to administrate.
Furthermore, in some cases, defendants convicted of relatively non-serious crimes could be seriously harmed by incarceration alongside dangerous criminals.
The Problems with Plea…
From a gut level reaction, emotions start to boil whenever a show like this is aired. Questions about how the greatest country in the world can have such obvious flaws in a justice system that has been the envy of the worldwide legal community start to surface. Additionally, heartstrings are tugged, citizens are moved to make demands, and groups involved. What a great country we have! The next reaction felt however is to ask if this is really a story.
A recent report confirmed that "criminal cases rarely go to trial, because about 95% are resolved by plea bargains" (Lynch, 2011, p. 68). Contemplating such a large percentage of cases that never see the inside of a courtroom is mind boggling to say the least. Watching The Plea, one would likely start to wonder what percentage of the number of cases resolved by plea bargains actually result in…
Lynch, T.; (2011) The devil's bargain, Reason, Vol. 43, Issue 3, pp. 68 -- 69
While this opinion might be considered unpopular, the reality is that these repetitive stops are reasonable. These repetitive stops represent a phenomenon known as criminal profiling. Criminal profiling is done simply because it does catch criminals. For example, criminal profiling was precisely what helped police investigators catch a criminal known as George Metesky, a bomber who had eluded the police for over 15 years. The frustrated police force asked investigator James Brussel (the assistant commissioner of mental hygiene) to come up with a detail description of the subject based on crime scene photos, notes, and other details provided. Brussel came up with the following description of the subject: "He would be unmarried, foreign, self-educated, in his 50s, living in Connecticut, paranoid and with a vendetta against Con Edison -- the first bomb had targeted the power company's 67th street headquarters" (Winerman, 2004). As experts do admit,…
Belkin, L. (1990, March 20). Airport Drug Efforts Snaring Innocents Who Fit 'Profiles'. Retrieved from NYTimes.com: http://www.nytimes.com/1990/03/20/us/airport-drug-efforts-snaring-innocents-who-fit-profiles.html?pagewanted=all&src=pm
Bruce, B. (2012, April 17). Muslim Woman Forced To Remove Headscarf In Jail. Retrieved from Fox2now.com: http://fox2now.com/2012/04/17/muslim-woman-forced-to-remove-headscarf-in-jail/
Debatewise.org. (2013). The Police Should Use Racial Profiling To Tackle The Problems Of Illegal Immigration. Retrieved from Debatewise.org: http://debatewise.org/debates/2242-the-police-should-use-racial-profiling-to-tackle-the-problems-of-illegal-immigration/
Goyette, B. (2010, October 7). Racial Profiling Is Ineffective and Wrong, So Why Does It Keep Happening? Retrieved from genprogress.org: http://genprogress.org/voices/2010/10/07/15828/racial-profiling-is-ineffective-and-wrong-so-why-does-it-keep-happenin/
instant case are typical of many criminal cases presented to the courts on a daily basis and the role and responsibilities of the principals remain essentially the same. The prosecutor in the case has the primary duty to ensure that justice is done. This duty applies not only to the victim, but also applies as to the defendant. In the instant case this requires that the prosecutor make every effort to make sure that all parties responsible for the crime are properly prosecuted and that such prosecution is conducted fairly (Graham, 2005). The fact that the defendants apparently used a gun in the commission of the crime presents the prosecutor with a considerable problem relative to any plea bargain. If the defendants are charged with a gun specification, the prosecutor must determine whether or not to drop such specification as part of the plea negotiation. In light of the recent…
Bibas, S. (2004). Plea Bargaining Outside the Shadow of Trial. Harvard Law Review, 2463-2547.
Graham, B.L. (2005). Prosecutorial Ethics and Victim's Rights: The Prosecutor's Duty of Neutrality. Lewis & Clark Law Review, 559-579.
O'Hear, M.M. (2008). Plea Bargaining and Procedural Justice. Georgia Law Review, 407- 469.
Smith, A. (2003). The Difference in Criminal Defense and the Difference it Makes. Washington University Journal of Law & Policy, 83-140.
Letting the Big Ones Get Away
One of the most common tools that is used by prosecutors is the plea bargain. This is when the defendant will plead guilty to a lesser crime in exchange for immunity or reduce charges. In nearly all court cases, prosecutors are willing to make some kind of plea deal. The reason why, is they believe that this will save time, reduce costs and it will serve justice. However, like with any kind of deal, the focus of the prosecution will be focused on a single person or group of individuals. As this information will more than likely be used to solidify the government's case against the defendant. ("Bargaining Justice," 2012)
The situation involving the known drug kingpin and his girlfriend is problematic. This is because the drug kingpin has been known for successfully avoiding prosecution in the past. The main reason is from the…
Bargaining Justice. (2012). St. Louis Today. Retrieved from: http://www.stltoday.com/suburban-journals/illinois/bargaining-justice-the-impact-of-plea-deals/article_a8bf0604-01ef-57fe-ac6d-07c53c6f1ddb.html
Plea Bargain. (2012). Cornell University Law School. Retrieved from: http://www.law.cornell.edu/wex/plea_bargain
Larson, A. (2000). How Plea Bargaining Works. Expert Law. Retrieved from: http://www.expertlaw.com/library/criminal/plea_bargains.html
Rhodes, W. (1979). Plea Bargaining. The Journal of Criminal Law 70 (3), 360 -- 375.
Criminal Cases and Their esolutions
Discuss one (1) real-life criminal case, taken from current events, and identify the court that took jurisdiction. Explain why the court that took the case was the appropriate one for the particular circumstances. (Jodie Arias)
The Jodi Arias case is being tried in Maricopa County by the Maricopa Superior Court. The reason why that court took jurisdiction is because the crime was allegedly committed in Mesa Arizona. Mesa is located in Maricopa County. Part of the reason that the court was tried by the Superior Court was connected to the fact that the Arias was charged with murder in the first and because the state sought the death penalty. Thus, the stakes are high enough to warrant the use of the superior court. "The case has not yet been sent to the jury for their determination on whether Petitioner is not guilty or guilty of…
Doward, J. (2005). 'My home is now my prison cell'. Retrieved from thguardian.com: http://www.theguardian.com/media/2005/feb/20/broadcasting.childrensservices
Newcomb, A. (2013, Jan 27). Former Ms. Washington Takes Plea Bargain in Murder Case. Retrieved from abcnews.go.com: http://abcnews.go.com/blogs/headlines/2013/01/former-ms-washington-takes-plea-bargain-in-murder-case/
Nurmi, L. (2012). APPLICATION FOR INTERLOCUTORY STAY OF AGGRAVATION TRIAL . Retrieved from abc15.com: http://media2.abc15.com/html/pdf/Stay.pdf
Palta, R. (2012, June 13). Researchers say plea bargains actually send innocent defendants to jail. Retrieved from scpr.org: http://www.scpr.org/blogs/news/2012/06/13/6603/plea-bargainings-innocence-problem/
In this scenario of what may be an instance of domestic violence, the officer has the option of simply talking to the couple, determining what is wrong and issuing a warning-or pressing charges against both or one of the participants for disorderly conduct. The police officer can simply use his or her presence to influence the couple's behavior or can use the actual weight of the law. The officer will have to use his or her perceptions of the relationship between the couple as well as the information the couple offers. As part of assessment, the officer should speak to both members of the couple separately to determine if one or more of the participants is at risk of suffering further physical violence. The officer should also determine if alcohol or drugs are potentially involved, which can affect the participants' judgment. It should be noted that merely because the…
Gracia, E. (2004). Unreported cases of domestic violence against women: towards an epidemiology of social silence, tolerance, and inhibition Journal of Epidemiology and Community Health, 58:536-537. Retrieved from:
Imposition of a sentence. (2014). Cornell University Law School. Retrieved from:
Victims and the Prosecutor
The popular debate about the proper place of victims in criminal justice decision-making tends to be embedded in terms of balance. One side of the debate says that victims of crime should take an active role in plea bargain negotiations while the other side feels that victims should not be able to influence a prosecutor's decision making. Victim participation is currently incorporated at sentencing due to the fact that sentencing is a discrete, public proceeding in which the judge makes a decision that is based on preset criteria and characteristically justified with some specificity. Victim participation is not so readily included into plea negotiations since such negotiations are typically private, unplanned interactions in which the prosecutor makes decisions with no public explanation based on criteria that are frequently unarticulated (O'Hear, 2007).
Proponents of victims being involved in plea negotiations feel that such a practice is…
Inviting Victim Participation in Plea Agreements. (2005).
O'Hear, M.M. (2007). Plea Bargaining and Victims: From Consultation to Guidelines.
Marquette Law Review, 91(1), 323-347.
Criminal Trials and Sentencing
In a 2010 report, it is stated that Courtney Elizabeth Hernandez, of Killeen, Texas, was charged with the kidnapping of a 2-1/2-year-old girl. The Defendant was given permission by the mother of the child, who was stationed at Fort Hood as a soldier in the United States Army, to take the child camping. The child's mother contacted the defendant on the 5th of July 2010 to pick the child up. Hernandez promised to deliver the child but did not deliver the child home. The child was never returned home and the Defendant was charged with kidnapping. The Defendant was arraigned for kidnapping with her lawyer present in the Criminal Court. The prosecutor was also present for this hearing.
The Defendant's attorney filed a motion for discovery as well as a trial to set aside evidence on the basis that the evidence…
Addison Fowler -- 2 yo -- Killeen TX (2010) Justice for Caylee. Retrieved from: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&ved=0CEgQFjAC&url=http%3A%2F%2Fwww.justice4caylee.org%2Ft7408-addison-fowler-2-yo-killeen-tx&ei=lasIUaT6IqWVjALL1oCgCQ&usg=AFQjCNFx6VwCXhKT0HSY6V_sX9YUqk02Zw&bvm=bv.41642243,d.cGE
Killeen Woman Sentenced to Federal Prison in Kidnapping Case (2010) U.S. Attorney's Office. Federal Bureau of Investigation. 10 Jul 2010. Retrieved from: http://www.fbi.gov/sanantonio/press-releases/2010/sa122010.htm
Define the Problem
The defined and existing problem is going to vary in scope and definition depending on who is doing the defining. However, there are some clear and obvious problems with the “three strikes” law. The policy itself was meant to address a problem. However, that policy has created a new set of problems. Indeed, there are situations where three-time violent felons are justifiably put away for twenty-five years to life. However, the major problem with the policy are the human and budgetary costs that are created by people being thrown in jail for life for minor offenses (“Ewing v. California”, 2017). There is also the concern that some people are being thrown in jail even though they will soon “age out” of criminal behavior. Indeed, men in their 60’s are not able to crawl through windows, run and jump fences like someone in their 20’s or 30’s (Besemer,…
I would not ask for jail time because I don't feel it would serve any beneficial purpose in this case since the Defendant is not a danger to society.
If the defense counsel indicated that they were interested in entering into a plea bargain, I would most definitely be open to the suggestion. The minimal plea I would be willing to accept would be a suspended sentence with probation. Under such an agreement the Defendant would be found guilty of the charge and sentenced to pay a certain amount in fines. However, the Defendant will not have to pay this fine so long she stays out of criminal trouble. I feel this offer is a positive resolution to this matter because it essentially empowers the Defendant and makes them responsible for their punishment.
As indicated by my potential approaches to this matter, from both a defense and prosecutor's side, it…
Trash covers represent an excellent technique in the investigation of terrorist organizations. Begin by listing those items that might typically be found in your discarded trash that would provide details regarding you personally; your interests, lifestyle, associates, family, business, income, debts etc. Be honest and be thorough in your response. Follow your response by listing items that investigators might be interested in locating in the trash of suspect terrorists and follow with a discussion of how such items could be used to benefit the investigation.
Items that might typically be found in my discarded trash that would provide details regarding me personally are my cell phone statements, my bank account statements, discarded product packaging, receipts, medical bills, envelopes, defunct art supplies, sketches and discarded snippets of poems or stories.
Likewise, in the case of a suspected terrorist, investigators would essentially be interested in most, if not all of the things…
Abadie, Alberto. (2006). Poverty, Political Freedom, and the Roots of Terrorism. The American
Economic Review, 96(2), 50-56. Retrieved from http://www.jstor.org/stable/30034613
Barkun, Michael. (1997). Religion and the Racist Right: the Origins of the Christian Identity
Movement. The University of North Carolina Press.
Punishment: Too Much or Not Enough
The purpose of the punitive measures effected by the criminal justice system has changed over time, especially as that system operates in America. There are several ideological stances to consider in regards to such punishment, which largely incorporate criminal, sociological, and moral viewpoints. The ebbing and swaying of various tenets espoused at different times and with varying popularity have largely resulted in today's criminal justice system in which punishment is largely viewed as a means of retribution. As such, punishment levied upon those convicted of criminal offenses is decidedly lengthy, resulting in a climate in which there appears to be a surfeit of punishment resulting in a system in which authors argue that "we are indeed ill" (ose, no date, p. 978). Certain other factors intrinsically related to the criminal justice system, such as the imminence of plea bargaining and the lucrative business of…
Banks, C. (2012). Criminal Justice Ethics. New York: Sage Publications.
Dzur, A.W. (2012). Punishment, Participatory Democracy, and the Jury. New York: Oxford Press.
Miller, D.W. (2010). The drain of public prison systems and the role of privatization: a case study of state correctional systems. www.csa.com. Retrieved from http://www.csa.com/discoveryguides/prisons/review.php
Rose, M. (No date). Book reviews. Law & Society Review.
Several months later, in September, due to delays, Santobellow had still not been sentenced; he hired a new attorney, who moved to change the "guilty" plea back to "not guilty." hat happened is that Santobellow's attorney claimed that "crucial evidence" against Santobellow had been obtained illegally and filed several motions that caused additional delays. The upshot of this confusion is that when Santobellow appeared before a new judge (the judge that first dealt with the case had retired) there was also a new prosecutor who recommended a one-year sentence in prison for Santobellow. But wait, the original prosecutor had accepted a plea bargain and agreed that there would be no sentence recommendation, and now there was to be a sentence recommendation, which was unfair to the defendant.
And so, after careful and judicial consideration of all the facts in Santobello vs. New York (404 U.S. 247-1971), the Supreme Court of…
US Supreme Court Cases & Opinions. (1971). Santobello V. New York (404 U.S. 257
1971). Retrieved March 5, 2009, at http://supreme.justia.com/us/404/257/case.html .
Special Duties of Prosecutors
One of the major differentiating aspects of the United States of America is the fact that if arrested, you are innocent until proven guilty. This is a rare concept among legal systems. Most countries deem the suspect guilty until proven innocent. In the United States, it is the duty of the Prosecutor to find the defendant guilty, while the defense attorney is solely responsible for upholding his client's innocence. The prosecutor is seen in a special light by the public. Smith (2001) says that it is understood that prosecutors have the moral high ground, that they are the good guys and are on the "right" side. Prosecutors are representatives of the state and the government, in essence, the people. This responsibility gives the prosecutor a special light, almost making them seem noble, as they seek the truth and justice (Smith 2001). They prosecute villains, and seek…
Arenella Peter. (1979-1980). Reforming the Federal Grand Jury and the State Preliminary Hearing to Prevent Conviction without Adjudication. Mich. L. Rev. 78 507-509.
Cassidy, R., Michael. (1999-2000). Toward A More Independent Grand Jury: Recasting and Enforcing the Prosecutor's Duty to Disclose Exculpatory Evidence. Geo. J. Legal Ethics. 13 361-365
Drucker, E.M. (2013). A plague of prisons: The epidemiology of mass incarceration in America.
Smith Abbe. (2000-2001). Can You Be a Good Person and a Good Prosecutor?. Geo. J. Legal Ethics. 14, 355-400.
Padilla v. Kentucky: Implications for U.S. Immigration
This paper provides a review of the relevant literature concerning the case, Padilla v. Kentucky,[footnoteef:1] discussing citizenship, and similar predicaments in other countries. It is this paper's thesis that the decision in Padilla has significant implications for defense lawyers who must now become familiar with the complexities of immigration law or retain counsel to assist them in this area. Established in Strickland v. Washington, the test for ineffective assistance of counsel is comprised of two parts: (1) defendants must first show that their counsel was constitutionally deficient and (2) show that the deficiency prejudiced the result of their case.[footnoteef:2] In addition, cases involving guilty pleas require defendants to demonstrate that in the absence of deficient counsel, they would have insisted on a trial.[footnoteef:3] Furthermore, defendants also enjoy the Due Process Clause protections that require judges and defendants to engage in a conversation concerning…
Atkins, K. (2010). Defense Counsel's Duty to Warn About . . . Everything? Lawyers Weekly USA, November 8.
Borden, Jeremy Immigrants Take Guilty Pleas without Lawyers, Face Deportation, Pittsburgh Post-Gazette, A-6, (February 3, 2013).
Brief for States of Louisiana et al. 2009: 9; Padilla v. Kentucky.
Brink, Malia A Gauntlet Thrown: The Transformative Potential of Padilla V. Kentucky. 39 Fordham Urban Law 1, 39 (November 2011).
Criminal Process; Arraignment to Pre-Trial
The purpose of criminal law is to promote respect for the law by people and ensure a just, safe, and peaceful society. The American justice system has many commendable elements that are aligned to the objectives of a justice system. The trial system significantly addresses many point of subtlety and does a great job in its effort to uphold the rule of law. In the effort to deliver justice, it is important that the rights of the defendant be uphold. This paper seeks to shed light on three stages before the process of criminal trial, and how the rights of the defendant are catered for in each of the stages before trial commences. These stages include the information, arraignment and the subsequent hearings at pretrial.
The stage that precedes and leads to trial in a criminal case is called arraignment. Arraignment must be done…
Enforce the Death Penalty for Murders Over a Life Sentence
This paper addresses the question: Is it more cost effective to enforce the death penalty for murders over a life sentence? Several topics will be covered such as why it could be cost effective and why it has not been cost effective. Several articles point to the need for prisons to carry out death penalties in order for death penalty sentencing to be cost effective. The introduction will highlight why the death penalty has been regulated more so than enforced.
Other articles will also show how death penalty sentencing can be used a means of creating persuasive plea bargains as criminals do not want to experience death row. Another article states how expensive maintenance of death row inmates are vs. inmates who received life sentences. It also shows how many inmates were killed on death row vs. The…
Alarcon, A.L., & Mitchell, P.M. (2012). Costs of Capital Punishment in California: Will Voters Choose Reform This November. Loy L.A.L. Rev., 46, 221. Retrieved from http://heinonline.org/HOL/LandingPage?handle=hein.journals/lla46&div=9&id=&page=
Ehrhard-Dietzel, S. (2012). The Use of Life and Death as Tools in Plea Bargaining. Criminal Justice Review, 37(1), 89. Retrieved from http://cjr.sagepub.com/content/37/1/89.short
Liebman, J.S., & Clarke, P. (2011). Minority Practice, Majority's Burden: The Death Penalty Today. Ohio St. J. Crim. L, 9, 255. Retrieved from http://heinonline.org/HOL/LandingPage?handle=hein.journals/osjcl9&div=14&id=&page=
Nagin, D.S. (2013). Deterrence: A Review of the Evidence by a Criminologist for Economists.Annual Review of Economics, 5, 83. Retrieved from http://www.annualreviews.org/doi/abs/10.1146/annurev-economics-072412-131310
I would not suggest that Mary Lou plea-bargain to any offense.
II. First, I would suggest that all she did was buy gasoline, which is not illegal, and that she was not aware of Bubba's plans to use it to burn down the houses. If the evidence demonstrated that Mary Lou was aware of Bubba's plans to use the gasoline to burn down the house when she purchased it, I would explore the use of the Battered Women's Syndrome. Using that, I would suggest that if Mary Lou purchased gasoline knowing that Bubba intended to use it to commit an arson, that she did so because she feared the consequences of telling Bubba "no." I would show Bubba's history of domestic violence with a prior spouse, his long string of marriages, and present any evidence suggesting that Mary Lou was a battered woman.
Roe v. Wade
From a constitutional perspective,…
A plea-bargain is frequently attained at this time in order to circumvent a trial. In the event that a plea-bargain is reached, the case does not move forward to a trial but failure to offer enough evidence to establish a plea bargain will mean that the case goes on to trial (Criminal Justice System Handbook, 2009).
Trials consist of a sequence of proceedings where the prosecutor presents evidence which will be used to prove the defendant guilty beyond a reasonable doubt. In felony cases, the defendant is given chances to admit their innocence but there are also times where they are presented that they may dispute the validity of evidence that has been presented by the prosecutor. Felony cases normally entail the services of a jury who listen to the case proceedings together with the judge and then after careful assessment of the evidence that is presented; they…
Criminal Justice. (n.d.). Retrieved from http://www.americanbar.org/content/dam/aba/migrated/publiced/practical/books/famil y_legal_guide/chapter_14.authcheckdam.pdf
Criminal Justice System Handbook. (2009). Retrieved from http://www.nycourts.gov/litigants/crimjusticesyshandbk.shtml
Criminal Justice Process. (n.d.). Retrieved from http://www.courtwatchflorida.org/uploads/Training_-_Criminal_Justice_Process.pdf
Steps in the Criminal Justice Process. (n.d.). Retreived from http://sao.co.sarasota.fl.us/legal.htm
court administrators have to deal with is the high volume of cases in the court system. Caseflow management is therefore one of the more significant issues that has to be dealt with. There are a number of reasons for this. First, there is only a limited amount of time for courtrooms, for judges and for other court staff. This is the capacity of the court system. The problem is that the demand for this capacity is highly variable. The amount of crime in an area, arrest rates, the ability of prosecutors to close out cases prior to trial, and the length of time required in different cases all factor into the demand function. Given that demand can be difficult to estimate, court administrators often are forced to rely on ad hoc measures in order to optimize their caseflow management.
Some of the different caseflow management techniques that are available to…
18 U.S. Code § 3771. Retrieved April 4, 2016 from https://www.law.cornell.edu/uscode/text/18/3771
NCSC (2016). Caseflow management: Resource guide. National Center for State Courts. Retrieved April 4, 2016 from http://www.ncsc.org/Topics/Court-Management/Caseflow-Management/Resource-Guide.aspx
Steelman, D., Goerdt, J. & McMillan, J. (2004) Caseflow Management: The Heart of Court Management in the new Millennium. National Center for State Courts.
Yaroshefsky, E. (1989). Balancing victims' rights and vigorous advocacy for the defendant. Annual Survey of American Law. Vol. 135 (1989).
It is difficult to discern what the most egregious act of injustice was during the criminal case involving Frank Jude and the police department of Milwaukee, isconsin. The brutal beating the young man incurred, which clearly transgressed the line from a mere drubbing to wanton, pernicious acts of torture, would appear to lead the unspeakable travesty that would befall him in the months and years following his initial 2004 encounter with this police department. However, the duplicity involved in the farce of the investigation that was filed, culminating in the state trial in which justice was made a mockery of, is equally if not more so insidious because it directly deceived not only Jude and his civil rights, but also those of all others who depend on the criminal justice system for some semblance of righteousness. Or, quite possibly the most disturbing if not outright criminal aspect of this…
The Associated Press. "Wisconsin: Sentences for Former Officers." The New York Times. 2007. Web. http://query.nytimes.com/gst/fullpage.html?res=9902E4DA143CF934A35751C1A9619C8B63
Department of Justice. "Five Former and Current Milwaukee Police Officers
Indicted on Civil Rights Charges; Additional Officer Pleads Guilty To Obstruction." www.justice.gov. 2006. Web. http://www.justice.gov/opa/pr/2006/October/06_crt_715.html
Diedrich, John. "3 Ex-Officers Guilty." Milwaukee Wisconsin Journal Sentinal. 2007. Web. http://www.jsonline.com/news/milwaukee/29464434.html
Perhaps the author chose the most sensationally bad decisions from his year of research to show the inherent problems with the system. Of course, he could not chronicle every case and every decision, that would be impossible in a 300-plus page book. However, the reader has to wonder what he left out, and if it would have given the book a different feeling and tone if he had included some more positive cases, as well. Perhaps, like the beat reporters he discusses in the book, he fell under the spell of showcasing the "heater" cases that would be interesting and noteworthy.
Certainly, most of the people in this book are criminals, and they committed the crimes they were accused of. However, there seems to be no way to end this cycle of crime and jail. Many of these people clearly need help, not jail time, but there seems to be…
Bogira, Steve. Courtroom 302: A Year Behind the Scenes in an American Criminal Courthouse. New York: Alfred a. Knopf, 2005.
Criminal Justice -- Sentencing and Analysis
Courtney Elizabeth Hernandez was indicted for kidnapping. Her case was handled in the Circuit Court for the Western District of Texas. Based on her attorney's advice, she accepted a plea bargain, pleading guilty to kidnapping. The normal sentence for kidnapping in Texas is 10 years in prison; however, Hernandez was sentenced to 15 years in prison, along with other punishments.
According to a plea bargain in which Defendant Courtney Elizabeth Hernandez pleaded guilty to kidnapping, she received a sentence of 15 years in Federal prison, and then three years of supervised release, plus she is order to pay $3,000 in restitution for the kidnapping of the 2-1/2-year-old girl (Federal Bureau of Investigation, 2010).
The Victim's Role in Sentencing
The 2-1/2-year-old girl is too young to participate in the sentencing process; however, her mother can participate. There is no indication that the mother…
Procedure after Sentencing and Possible Appeal
After sentencing, Hernandez would be taken into custody (if not already in custody) and handed over to the custody of the Federal Corrections Department to begin her sentence. Hernandez entered her plea in the Western District of Texas (Federal Bureau of Investigation, 2010), so her appeal would go to the U.S. Court of Appeals for the 5th Circuit, which is the appellate court with jurisdiction over the Western District of Texas (United States Court of Appeals for the Fifth Circuit, 2012, p. 9).
In order for Hernandez's appeal to be granted, Hernandez would have to show that something was materially wrong procedurally or substantively in the lower court and that her plea, her sentence or something else about her case should be overturned or sent back to the lower court for further action. That covers a lot of ground and many different arguments might be successfully made to the appellate court. For two examples: Hernandez might argue that she had ineffective assistance of counsel because her attorney had her accept a plea with
In situations where outcome or decision control is ceded to a legitimate decision-maker, the available legal procedure may be judged according to whether it provides adequate 'voice' for the aggrieved, adequate process control, and/or the satisfaction of being respected and afforded an appropriate level of procedural justice as a litigant, defendant or citizen.
In any event, continued dialogue between lawyers and psychologists from both types of system is encouraging. To this end, van Koppen and Penrod (2003) have collected legal psychological analyses of American and European criminal justice procedure together in a recent volume allowing comparisons between adversarial and inquisitorial mentalities.(n10) If this type of work continues, we may better understand when each type of process works best and when people, be they socialised in Australia, America, England or continental Europe, react best to adversarial or inquisitorial systems of legal decision-making in particular contexts.
In many jurisdictions, the approaches of…
Balmford, R. 'The Life of the Administrative Appeals Tribunal: Logic or Experience' in R. Creyke (ed) Administrative Tribunals: Taking Stock (Canberra: Centre for International and Public Law, 1992) 50, 68-71
Bronitt, Simon; Mares, Henry. 2004. The history and theory of the Adversarial and Inquisitorial systems of law. (cover story). Legaldate (3): 1-3.
Lind EA et al. 1978. Reactions To Procedural Models For Adjudicative Conflict Resolution: A Cross-National Study. Journal of Conflict Resolution 22: 318.
Nolan, Mark. 2004. The Adversarial mentality vs. The Inquisitorial mentality. Legaldate 16 (3): 7.
Peace Officer Trainee
Discuss the stages (investigative, prosecutorial) at which each of the above interacts with a criminal defendant. Specify the roles of each and explain the process by which a suspect becomes a criminal defendant.
criminal justice system has interconnected parts that are working together to investigate and prosecute crimes. At the same time, officials have to be respectful of the defendant's civil rights and any kind of investigative techniques they are using to collect evidence. This is because the Constitution states, that all persons who are facing criminal prosecution must be found guilty beyond a reasonable doubt. (Hess, 2010, pp. 32 -- 105) (Cryer, 2010, pp. 361 -- 424)
As a result, all of the different sides must work together to ensure that these basic principles are taken into account. This means that the police and federal agents will be at the forefront for investigating crimes and making…
Cryer, R. (2009). Criminal Investigation. New York, NY: Cambridge University Press.
Dammer, H. (2011). Comparative Criminal Justice Systems. Belmont, CA: Wadsworth.
Hess, K. (2010). Criminal Investigation. Clifton Park, NY: Delmar Learning.
Introduction: Overview of the Relevant Facts
One of the problems of criminal justice today is the challenge of systemic racism that has been leveled by critics such as Angela Davis (2012) and numerous others. The charge is that the criminal justice system is inherently racist for a number of reasons (Lentin, 2020). These reasons include the existence of a for-profit private prison industrial complex that represents a clear conflict of interest to the system since the complex profits off incarcerations and businesses exploit the labor of the prisoners by paying them pennies on the dollar (Pelaez, 2019); and the fact that 37% of America’s prison population is black, yet blacks are only 12% of the total US population (Bureau of Justice Statistics, 2014). On top of all this is the practice plea bargaining, which is pushed on those charged with a crime by prosecutors, essentially robbing the accused of due…
Bureau of Justice Statistics. (2014). Prisoners in 2013. Retrieved from https://www.bjs.gov/content/pub/pdf/p13.pdf
Davis, A. (2012). The Meaning of Freedom. San Francisco, CA: City Light Books.
Gramlich, J. (2018). America’s incarceration rate is at a two-decade low. Retrieved from https://www.pewresearch.org/fact-tank/2018/05/02/americas-incarceration-rate-is-at-a-two-decade-low/
Grossman, S. P. (2005). An Honest Approach to Plea Bargaining. Am. J. Trial Advoc., 29, 101.
Holmes, A. (2007). Ethics: Approaching moral decisions. Downers Grove, IL:InterVarsity Press.
Johnson, T., Quintana, E., Kelly, D. A., Graves, C., Schub, O., Newman, P., & Casas, C. (2015). Restorative Justice Hubs Concept Paper. Revista de Mediación, 8(2), 2340-9754.
Lentin, R. (2020). Incarceration, Disavowal and Ireland’s Prison Industrial Complex. In The Carceral Network in Ireland (pp. 259-278). Palgrave Macmillan, Cham.
Nilsen, E. S. (2007). Decency, Dignity, and Desert: Restoring Ideals of Humane Punishment to Constitutional Discourse. UC Davis L. Rev., 41, 111.
esearch also showed that offenders tend to be part of or return to communities with high concentrations of offenders. The concentration of offenders in these neighborhoods affects the community negatively by increasing the stigma associated with the community and also saddling the community with additional problems without providing added resources needed for restoring or maintaining order. The ultimate consequence is the that the criminal justice system destabilizes informal networks of social control and increases poor attitudes towards formal social controls, both of which have been shown to contribute to increases in crime and disorder in the communities. Churning results in unnecessary pressure being put on the other residents of the communities who are law-abiding in disadvantaged communities. The removal of men from the community through incarceration has the chilling effect of changing the family's socio-economic structure. The families of incarcerated members, especially men, of the community also face stigma and…
Burke, K. And Leben, S. (2007). Procedural Fairness: A key Ingredient in Public Satisfaction.
Court Review: The Journal of the American Judges Association. 44 (1), 4-25.
Davis, A.J. (2008). Racial Fairness in the Criminal Justice System: The Role of the Prosecutor. Colombia Human Rights Law Review. 202 (39), 202-32.
Hurwitz, J and Peffley, M. (2001). Racial Polarization on Criminal Justice Issues:
Officer Jim Rawlins, a fourteen-year veteran of the Anytown Police Department spent the morning working with Sadie. He hid a series of balls around his backyard, giving the golden retriever praise and pets every time she found one of the balls and brought it to him. Then he clipped on her leash and her special K-9 officer vest and loaded her into the squad car. Today Jim was taking Sadie to Anytown High School, where she would sniff out drugs in student lockers. One high school in the district was randomly selected each month for a drug search (De La Garza). Jim took his job seriously because drugs were a growing problem at Anytown High School, and one of the students had overdosed the week before. The girl was going to live, but her life would never be the same. If he could keep that from happening to…
De La Garza, Diana. "Drug Dogs Sniff Out School Campus." Laredo Morning Times 18 Apr.
'Inmate Handbook." TCSOAL.org. 2005. Tuscaloosa County Sheriff's Office. 26 Jun. 2005
The criminal association principle suggests that being socialized to regard crime as acceptable or to admire criminals plays a role in the choices made in that regard. The fact that Pistone and Napolitano were actually raised in very similar circumstances where each had the same type of exposure to organized crime families illustrates that rational choice is more important than criminal association because Pistone made the conscious choice to become a federal agent rather than one of the criminals who controlled his childhood neighborhood (Macionis, 2003; chmalleger, 2008).
The segment of the criminal justice system portrayed by Episode 71 is criminal investigations and the operations of the criminal justice system. Fisher was allowed to plea bargain the charges of attempted murder despite the fact that she deliberately shot the wife of her lover in the head in the attempt to murder her. The episode suggests that her age was a…
Macionis J. (2003). Sociology. Princeton, NJ: Pearson.
Schmalleger F. (2008). Criminal Justice Today: An Introductory Text for the 21st
Century. Hoboken, NJ: Prentice Hall.
Criminal Court Observation
I must admit that when I entered the courthouse I was a bit nervous. It was my first time to attend any trial, let alone a criminal one. However, I thought that a criminal case would be far more interesting than a civil one. Yet, despite my decision, and my belief that it would be "no big deal" to watch a criminal court case, I began to feel very nervous the minute I hit the line for the metal detector. It's funny -- but I always feel just a little bit paranoid before I go through one of those machines -- almost as if I really were hiding some kind of weapon without knowing it.
Anyway, as I finally made my way into the courtroom after a long wait at security, I certainly did not feel any more at ease. For one, the room was too warm,…
Eyewitness Memory and Identification
• Should eyewitness memory factors be taken into the consideration when making a plea bargaining decision in the courtroom?
Evidence has revealed that eyewitness memory can affect identification. This is because DNA has overturned more than 70% of eyewitness identifications.
• Age, race, and alcohol intoxication of eyewitness are the major factors affecting the eyewitness identification in the United States legal system.
The independent variables are age, race and alcohol intoxication, while the dependent variable is the eyewitness identifications. Thus, the independent variables can affect the dependent variables in the sense that older adults and children often face challenges in recollecting events thereby likely to make an eyewitness misidentification. People who are intoxicated with alcohol are more likely to incorrectly identify someone in a lineup or in court. Moreover, an eyewitness is likely to make a bias towards other ethnic groups thereby giving false eyewitness identifications.…
Pezdek, K. (2016). Influence of Eyewitness Memory Factors on Plea Bargaining Decisions by Prosecution and Defense Attorneys in California, 2010-2011. ICPSR32181-v1. Ann Arbor, MI: Inter-university Consortium for Political and Social Research [distributor], 2012-07-31. http://doi.org/10.3886/ICPSR32181.v1
Comparative Analysis of Human Trafficking in the United States with the orld
Specialized Field Project
Human Trafficking is a very serious issue that affects every country around the world. Human Trafficking is also known as "Sex Trafficking," or "Modern Day Slavery," which reflects the primary reasons people are bought and sold today -- sex trade and involuntary labor. The Trafficking Victims Protection Act of 2000 (TVPA) defines sex trafficking as
"the recruitment, harboring, transportation, provision, or obtaining of a person for a commercial sex act, is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age."
Moreover, labor trafficking is defined as
"the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, using force, fraud, or coercion for subjection to involuntary servitude, peonage, debt bondage or slavery." (CNHTR, n.d.)…
Wayne, O. & Genelle, B. (2011). Major Principles of Media Law, 2012 Edition, Chapter 10, Cengage Learning.
Wheaton, E. M., Schauer, E. J., & Galli, T. V. (2010). Economics of Human Trafficking. International Migration, 48(4), 114-141. doi:10.1111/j.1468-2435.2009.00592.x
Wyler, L.S. (2013). Trafficking in Persons: International Dimensions and Foreign Policy Issues for Congress. Congress Research Service
The statistics also show that plea bargain decisions are biased against black defendants. The United States for example entered into a plea bargain with forty-eight percent of white defendants, while doing so for only twenty-five percent of black defendants. Bass's statistics also show that there is a huge discrepancy between death penalty charges for whites and blacks: sixteen percent of whites are charged with firearms murder while thirty-two percent of blacks are charged with the same crime. These statistics clearly show that there is a racial bias in the system.
The Supreme Court claims that its reverse of the original decision in Bass's favor is overturned, because of a lack of evidence in the defendant's specific case, and the failure to show both a discriminatory effect and intent. However, this does not appear entirely true. The statistics speak for themselves. The fact that they pertain to country-wide cases is indicative…
extradition case regarding film director oman Polanski is a rather sordid affair. According to the information available on March 10, 1977 the 43-year-old Polanski had a sexual escapade with a 13-year-old girl named Samantha Jane Gailey (now known as Samantha Geimer; Schwarzbaum, 2013). According to testimony provided by Geimer to a grand jury Polanski had gotten permission from her mother to photograph her for a spread in the magazine Vogue. According to the reports the session took place at the home of actor Jack Nicholson who was on a vacation; however, Nicholson's then girlfriend Anjelica Huston was there but did not witness the incident although she was concerned and knocked on the bedroom door several times in an effort to find out what was happening (Schwarzbaum, 2013).
According to Geimer's testimony Polanski shot photos of her drinking champagne while topless. He also reportedly made her take a Quaalude and then…
Day, M. (2015, May 22). Roman Polanski U.S. extradition case adjourned by Polish court. The Telegraph retrieved on July, 9 2015 from http://www.telegraph.co.uk/culture/film/roman-polanski/11622582/Roman-Polanski-due-to-appear-in-Polish-court-over-U.S.-extradition.html .
Legifrance (2005). Code of criminal procedure (legislative part), Articles 696-1 to 696-7.
Retrieved on July 8, 2015 from http://www.legifrance.gouv.fr/Traductions/en-English/Legifrance-translations .
Palmer, B. (2009, September 28). What's "unlawful sexual intercourse"? Slate. Retrieved on July 9, 2015 from http://www.slate.com/articles/news_and_politics/explainer/2009/09/whats_unlawful_sexual_intercourse.html .
Criminal Justice System
Corrections, Civil Court proceedings
The role of the victim in the criminal justice system
To the victim, the processes of the criminal justice system can seem frightening and confusing. It is important for the victim to understand that the justice system unfolds in an orderly, sequential process, and while it may be frustrating at times, the multi-step nature of the justice system is also necessary. With most crimes, the first stage is the initial report. "Law enforcement officers receive the crime report from victims, witnesses, or other parties (or witness the crime themselves and make a report)" (The criminal justice system, 2013, National Center for Victims of Crime). After the initial report, then law enforcement conducts an investigation to see if a crime has been committed; who the perpetrator may be; and then they try to arrest the suspect after gathering evidence. "If they find a suspect…
The criminal justice system. (2013). National Center for Victims of Crime. Retrieved:
What are the differences between the civil and criminal justice system? (2013). National
Crime Victim Law Institute. Retrieved:
If the defendant is acquitted by the jury or by the judge in a bench trial, the 5th Amendment government prohibits the government from trying the defendant for the same crime.
Although there are is no constitutional right to appeal convictions, every state has passed its own laws which allow a convicted defendant to appeal a conviction after trial.
The defendant may appeal to an appellate court below the state supreme court or, if there is none, directly to the state supreme court.
If the appellant is unsuccessful at this level, he/she can bring the appeal to a higher court.
If the appellant's complaint is based on a Constitutional issue, she may bring her case to federal court which has jurisdiction over that particular state.
However, if the appellant's complaint involves a right provided by the state's laws, he/she cannot bring this issue before a federal court.
Crime and Justice Volume II: The Criminal in the Arms of the Law, Edited by Sir Leon Radzinowicz and Marvin E. Wolfgang (1977). Basic Books Publishing.
Joshua Dressler and Alan C. Michaels, Understanding Criminal Procedure Vol. 2: Adjudication (4th Edition)(2006). Lexis-Nexis.
Larry J. Siegel, Introduction to Criminal Justice (12th Edition) (2010) Cengage Learning.
Bryan a. Garner, Black's Law Dictionary (8th Edition) (2004). Thomson West.
If a plea bargain is reached before the trial, often the trial will not continue. The suspect will be sentenced and then continue to incarceration. Plea-bargaining is a legal tool, which keep the courts from becoming too clogged (Champion 208). This ends the Pre-Trial phase of the criminal court system.
Next in the process is the trial itself. Most people who enjoy courtroom dramas will recognize this phase of the process. Many trials are pleaded out, which means the main characters in the process are the prosecutor, the defense counsel, and the judge. hen a case does go to trial, juries are selected, and are generally composed of 6 or 12 peers, chosen with equal input and approval by both the prosecutor and the defense (Samaha 329). The prosecutor, usually working for the county or state, offers their evidence against the suspect, while the defense counsel presents evidence meant to…
Champion, Dean J. Dictionary of American Criminal Justice: Key Terms and Major
Supreme Court Cases, Fitzroy Dearborn Publishing, Chicago, Il, 1998.
Clymer, Steven. Are Police Free to Disregard Miranda? The Yale Law Journal,
Vol 112, 2002, 449-550.
The actual court proceedings in a juvenile court consist of the arrest procedure, search and seizure, and custodial interrogation (Calderon 2006). The concept has been that the delinquent is a child rather than a criminal. Hence, rehabilitation rather than punishment is the court and the system's goal. ut the major aspects of the juvenile justice system continue to hound its supporters. One is the cause of serious juvenile crime. Another is that young offenders need to be rehabilitated under a surrogate entity of the parens patriae concept. Another is a recent redefinition of young violent offenders as adults and their transfer to adult courts and the criminal or adult justice system. There has been increasing belief that they pose a serious and genuine threat to the safety of other young people and the community as a whole. An increase in serious juvenile crimes warrants more severe punishment. ut moving them…
Calderon, M (2006). A reflective comparison of the juvenile criminal justice system vs. The adult criminal justice system. 23 web pages. Anai Rhoads. Retrieved on April 29, 2008 at http://www.anairhoads.org/calderon/juvadult.shtml
Colquitt, J. (2002). American Criminal Justice System. Retrieved on April 30, 2008 from http://www.law.ua.edu/conquitt/crimmain/crimmisc/crime.htm
Hopson, R. K and Obidah, J.E. (2002). When getting tough means getting tougher.
21 pages. The Journal of Negro Education: Howard University
Enron could engage in their derivative trading strategy with no fear of government intervention because derivative trading was specifically exempted from government regulation. Due in part to a ruling by the Commodity Futures Trading Commission's (CFTC) chairwoman, Wendy Graham, derivatives remained free of regulatory oversight. Ms. Graham, wife of Texas senator Phil Graham, made this ruling 5 weeks before resigning as chairwoman of the CFTC and joining the Enron oard of Directors in 1993.
Derivative accounting is further complicated because there is no consistent way to fairly report their value and risk in a company's financial report. In 1998 Rule No. 133, "Accounting for Derivative Instruments and Hedging Activities" was developed by the Financial Accounting Standards oard (FAS), an independent agency that sets guidelines for corporate auditors. Rule 133 contains more than 800 pages, which further complicates its adoption and consistent interpretation by various companies. SFAS No. 133 was subsequently…
Dettmer, Jamie, and John Berlau. "Requiem for Enron: There's Enough Blame to Go around for the Collapse of the Energy Giant From Executives to Auditors to Financial Analysts to Congress." Insight on the News 7 Jan. 2002: 12+. Questia. 10 Mar. 2005 .
Folbre, Nancy. "Blowing the Whistle on Poverty Policy." Review of Social Economy 61.4 (2003): 479+. Questia. 10 Mar. 2005 .
Gup, Benton E., ed. Too Big to Fail: Policies and Practices in Government Bailouts / . Westport, CT: Praeger, 2003.
Hartgraves, Ai L., and George J. Benston. "The Evolving Accounting Standards for Special Purpose Entities and Consolidations." Accounting Horizons 16.3 (2002): 245+..
Reactions to the Jena 6 incident were riotous. African-Americans in Jena and the civil rights activists that supported them cried foul, claiming that the charges brought against the six teenagers were so excessive and racially motivated. The victim was knocked unconscious. Instead of focusing on the victim's pain and suffering, media sources point out that the 17-year-old, Justin Barker, was not even hospitalized after being treated in the emergency room for his injuries. For two and a half years Barker's family suffered emotionally due to the aftermath of the incident but all the media could focus on were the perceived civil rights of his assailants.
Even after the charges were dropped or reduced, defense lawyers still claimed that the district attorney was "overreaching" by charging one suspect with aggravated second-degree battery because no weapon was involved (itt). One of the African-American student's father claimed that the charges were "ridiculous," (itt).…
Bello, Marisol. "Louisiana Beating Stirs Racial Anger." USA Today. 7 Sept 2007. Retrieved 5 Oct 2009 from http://www.usatoday.com/news/nation/2007-09-06-jena_N.htm
"Plea Bargain Wraps Up "Jena 6" Case." CBS News. 26 Jun 2009. Retrieved 5 Oct 2009 from http://www.cbsnews.com/stories/2009/06/26/national/main5116800.shtml
Witt, Howard. "Charge Reduced in 'Jena 6' Case.'" Chicago Tribune. 26 Jun 2007. Retrieved 5 Oct 2009 from http://www.chicagotribune.com/services/chi-jena_wittjun26,0,3850675.story
Sports Illustrated proposed a thorough, if summary, compromise with regard to many of the issues that players and owners could not agree on: the elimination of arbitration in exchange for unrestricted free agency for 3-year veterans, establishing a middle ground between the owners' demand of free agency only after four years and the player's dislike of arbitration; also in the SI proposal were stipulations such as giving a luxury tax a three-year trial period for all parties to decide if it was in their best interest to keep.
Even solutions such as those proposed by the everyday baseball fan, such as "split profits 50/50" or other simplistic ideas could have been considered as options; instead, owners and players held fast to their positions and did not introduce new ideas to the negotiating arena, effectively ensuring that no progress would be made unless one side was a clear loser and one…
Drooz Drooz, Alan, "Baseball economy 101: Both sides look like the skunk at the party," San Diego Union-Tribune, August 28, 2002. Online at http://www.signonsandiego.com/sports/drooz/20020828drooz.html
Fisher, Roger and Ury, William, Getting to Yes. New York: Penguin Books, 1991.
Grabiner, David, "Frequently Asked Questions about the 1994 Baseball Strike," 3/314/02, accessed online at http://remarque.org/~grabiner/strikefaq.txt
Kurkjian, Tim, and Verducci, Tom, "Time is Running Out." Sports Illustrated, 3/20/95, Vol. 82 Issue
Wolf of Wall Street, Jordan Belfort, committed a classic pump and dump scam, under the guise of his investment firm, Stratton Oakmont. This crime went on for several years before the company was investigated, closed, and Belfort sent to prison. The following paper outlines this case in detail.
The Crime & How it was Committed
The securities industry is governed by the Securities Exchange Commission, which exists in part to ensure that the capital markets are trustworthy. When investor trust in the markets is compromised, this makes it more difficult for firms to raise capital. Thus, it is imperative for any country to have securities regulators that ensure a fair and honest capital market system, including the stock market. There are many ways to commit fraud in the stock market, one of which is the pump and dump scheme that Stratton Oakmont committed.
The principle is fairly simple. The company…
Prison Inmates Should Be Paroled Early to Help Control the State's Budget Problems
This paper argues that inmates at State prisons should be having premature releases from prisons so that the States can manage their budget problems. As the paper illustrates, despite criticisms on parole that it introduces unreformed culprits back in the society and that the program is unorganized, parole is a major contributor in reducing prison populations, which directly translates to reduced State expenditures (Licari, 2009). All the implementation of parole releases has either direct or indirect economic effect to the States as well as the prisoner and society as a whole. eformed individuals are able to earn their income thus independent of the government (Sons, n.d.). In addition, as there is professional structure of parole, they lead to faster reforming and procedures that reduce caseloads enabling parole officers to spend more time with the high-risk individuals (National…
Clear, T.R., Cole, G.F., & Reisig, M. (2008). American Corrections, (8th ed.). Connecticut, U.S.:
Corley, C. (2009, December 13). States release inmates early to cut prison costs. Npr.org.
Retrieved from http://www.npr.org/templates/story/story.php?storyId=121338571
Finally, a lot of defense lawyers assist in helping men and women go free because of a technicality. On the whole however, it is a better system after the Gideon case because less innocent people are being convicted of crimes they did not commit.
In the Case of Miranda v. rizona 384 U.S. 436 (1966), the Court ruled that a defendant's admission was only admissible provided he had been properly advised of his right to counsel and of his right to remain silent, and if he waived these rights, the waiver had to be voluntary and knowingly. This case involved a burglary suspected who admitted to rape and kidnapping while in police custody. The defendant, Ernesto Miranda was sentenced to concurrent 20-30-year sentences for the two crimes he confessed to.
The U.S. Supreme Court ruled that due to the coercive nature of questioning by the police involved, there is no…
Another benefit involves the rights themselves. The police often persuade the accused that cooperating will benefit them in the long run. It is easy for someone who has been arrested to assume that this implies talking will lead to leniency. The problem is that any leniency by the police is either not ethical or is strictly up to the discretions of the police. So, there is often uneven leverage whenever the police want to interrogate an accused.
Also, if not advised, many people would assume that they are entitled to a lawyer, but later. Without knowing that you are allowed to have a lawyer present during police questioning, few people are going to assert the right they did not they had. The same is true about the right to have an attorney appointed if you cannot afford one. It is plausible that most people assume this only apply in the courtroom and not at the police station. Without an attorney present, most arrestees will not know that they have the right to stop an interrogation at any time or that using the rights cannot be held against them. For all of the above reasons, the rights bestowed upon Americans in Miranda are absolutely vital to protecting our Fifth and Sixth Amendment rights to due process of the law.
The two very important decisions of the United States Supreme Court in the 1960's have both gone a long way in preserving the basic and fundamental liberties that Americans have enjoyed since our inception as a country. While there are times these safeguards backfire and allow guilty people to go free, it is more essential that all Americans have the peace of mind that comes with knowing if they are ever charged with a crime, they will not also be subject to the unfair practices that the Bill of Rights are designed to prevent.
Society answer is to throw them back behind bars for even the smallest infraction of the law. This is why examining the policies for drug crimes needs to be carefully examined. There is no one size fits all in these situations and each needs to be judge separately.
Some say that the mandatory minimum sentences for illegal drug offences is fair while critics say that these sentences are too harsh, especially for first time offenders whose crimes are of low severity. Proponents say that if the sentences are too lenient it has the effect of increasing the crime rate (Thompson, 1998). Again, each case needs to be looked at on an individual basis. The severity of the crime as well as the perpetrators past record should play a large factor in the punishment handed down. Also, rehabilitation efforts should play a factor in the sentencing. Instead of putting these individuals…
Bobo, L. And Thompson, V. (2006). Unfair by design: The war on drugs, race and the legitimacy of the criminal justice system. Social Research, 73(2), 445-472.
Hemmens, C., & Walsh, a. (2010). The Law and Social Control. Law, Justice, and Society: A Sociolegal Introduction (2 ed., pp. 211-240). New York: Oxford University Press, USA.
Pettit, B. And Western, B. (2004). Mass imprisonment and the life course: Race and class inequality in U.S. incarceration. American Sociological Review, 69(2), 151-169.
Thompson, S.P. (1998). Which policies are working in the war on drugs? The war on drugs: Opposing viewpoints (pp. 102-141). San Diego, Calif.: Greenhaven Press.
From 1990-1993, prior to three-strikes, the CCI dropped a total of 2.4%. From 1994-1997, post three-strikes, the CCI dropped 30.8%. For violent offenses the decrease was 27% post three-strikes vs. An increase of 7% from 1990-1993 (eres and Griffith 106).
However, some argue that the drop in the crime rate actually began in 1993 with a significant drop before any impact from three-strikes. This does not imply that the huge drop in the crime rate post three-strikes was not due to that legislation. And it cannot be doubted that three-strikes definitely had a significant impact on the crime rate drop. However, other factors may have initiated the drop in crime in 1993, which also impacted the bigger drops after three-strikes. A booming California economy during that same time period is one explanation offered.
Similar Laws in other States?
Twenty-eight states have three-strike laws. Most are "similar" to California's. However there…
Beres, L. And T. Griffith. "Did Three Strikes Cause the Recent Drop in California Crime?" November 1998. Loyola of Los Angeles Law School. 15 September 2009 .
Messerli, J. "Is the three-strikes law, which provides mandatory 25-to-life sentences for a third felony conviction, a good idea?" 15 October 2006. Balancedpolitics.org. 14 September 2009 .
Total Criminal Defense. "Understanding Three Strikes and You're Out Laws." n.d. Total Criminal Defense. 14 September 2009 .
The most adequate course of action in achieving this desiderate is based on the following steps:
the full and sustained collaboration with the national and international authorities; this will not only gain the trust of the legal representatives, but will also improve the perception of Chiquita in the eyes of its stakeholders (employees, customer, business partners, governmental and non-governmental institutions and so on) the critical and objective analysis of the loses generated by the need to pay the fine and the closing of the Columbian plants communications with the stakeholders, official apologies and explanations for the decisions made; support to institutions striving to resolve the matters of political instability in Columbia and other global regions affected by the problem the search for more adequate locations which could support the development of Chiquita's operations, without placing its managerial team is so severe ethical dilemmas, in which it would have to choose…
Carroll, a.B., Buchholtz, a.K., 2008, Business and Society: Ethics and Stakeholder Management, 7th Edition, South Western Educ Pub.
June 7, 2007, Chiquita Faces Columbia Lawsuit, Al Jazeera, http://english.aljazeera.net/news/americas/2007/06/2008525121622267726.htmllastaccessedon March 6, 2009
Another case illustrates how important proper investigation can be to the outcome of a case. Various authors cite the case of a fire in a home that killed two children. The children's mother had left them in the care of her boyfriend, who left them alone and left the residence. A small fire was seen burning outside the home after he left. The authors note, "The suspect was arrested and charged with arson and murder. Law enforcement authorities claimed that accelerant was detected on the suspect's clothes and in fire debris sampled outside the dwelling" (Various authors, 2003, p. 127). In fact, the accelerant found outside the home was completely different from that found on the suspect, (which was gasoline), and eventually the charges were dropped. The defendant worked as an automobile mechanic, which explained the presence of gasoline on his clothing. This indicates how a botched investigation can lead…
Bellilse, M. (2007). Moore avoids death penalty with plea bargain. Retrieved 24 Feb. 2009 from the Reno Gazette Journal Web site: http://www.rgj.com/article/20070119/NEWS/70119007 .
Drake, J. (2001, February 20). Arson unit's powers stripped. The Washington Times, p. 1.
Editors. (2009). Arson. Retrieved 24 Feb. 2009 from the Insurance Information Institute Web site: http://www.iii.org/media/hottopics/insurance/test1/ .
Lynch, P.A. (2007). Michigan court recognizes rule that arson cases can be proven. Retrieved 24 Feb. 2009 from the Interfire.org Web site: http://www.interfire.org/features/legalview.asp?date=12142007 .
The first three organizations in line to recuperate their funds were Citigroup, J.P. Morgan and General Electric Group. They had been offering financial solutions and encouragement to purchase the WorldCom stock based on a favorable business relationship. However, at the time when bankruptcy procedures were commenced, the three organizations recognized their losses and intended to recuperate them.
A succinct presentation of the period surrounding the crisis could be reveled by the media stories:
27 June 2002 - information on the people affected by the WorldCom crisis become available - about 60 banks across the globe had granted loans to the organization or purchase bonds
27 June 2002 - SEC charges the organization with fraud and three organizational leaders are subpoenaed before a governmental committee
28 June 2002 - John Sidgmore announced a cut in costs by $1 billion and the downsize on 17,000 employees
U.S. President George Bush condemns organizational…
Cooper, C., 2008, Extraordinary Circumstances: The Journey of a Corporate Whistleblower, John Wiley and Sons Inc.
Eichenwald, K., August 8, 2002, for WorldCom, Acquisitions Were Behind its Rise and Fall, New York Times
Faber, D., September 8, 2003, the Rise and Fraud of WorldCom, CNBC
McCafferty, J., July 2004, Extreme Makeover: How Robert Blakely and an Army of Accountants Turned Fraud-Ridden WorldCom into Squeaky-Clean MCI, CFO, No. 46
As, it will create vast disparities in society that are having negative impacts on: the courts and corrections. This is because the law will: target the lower ends of society and those groups that are considered to within the minority. An example of this can be seen with various vagrancy laws that have been enacted around the country. On the surface, this appears to be a way for communities to impose law and order. However, the reality is that more minorities have been arrested and convicted under these laws in comparison with whites. This is problematic, because it shows how the different regulations will indirectly discriminate against certain social groups within society. (Cote, 2002, pp. 23 -- 34)
Further evidence of this can be seen with observations from Strieb (2007), who wrote, "Recent examples of how the law itself can lead to racial disparities are found in the war on…
Cote, S. (2002). Criminological Theories. Thousand Oaks, CA: Sage Publishing.
Hil, R. (2002). Facing Change. Western Criminology Review. Retrieved from: http://wcr.sonoma.edu/v3n2/hil.html
Quigley, B. (2010). Fourteen Examples of Racism. Huffington Post. Retrieved from: http://www.huffingtonpost.com/bill-quigley/fourteen-examples-of-raci_b_658947.html
Siegel, L. (2010). Introduction to Criminal Justice. Belmont, CA: Wadsworth.
Moreover, because of the secrecy surrounding the grand jury system, there is a very real concern that a defendant may not have the opportunity to actually confront his accusers. While improper evidence may not come in at trial, it is a fallacy to assume that simply protecting someone from conviction is protecting him or her from all of the possible negative effects of an improper indictment. The very real time, expense, and risk of trial means that even an actually innocent person who is indicted may consider a plea bargain rather than face the risk of trial.
While there is some merit to the idea that grand juries listen to prosecutors, individual grand juries behave in different manners. Some of them simply act as rubber stamps for prosecutors, while other grand juries more carefully consider the charges before them. However, the secrecy surrounding the proceedings makes it difficult to know…
America has been involved in a war on drugs. Part of the reason for this, is because of the negative social impacts that they have on society. As public officials, want to limit those substances that are considered to be addictive or dangerous. This has led to increased efforts to enact and enforce laws, with the federal government spending $1 trillion in 40 years. ("After 40 Years," 2010)
However, the problem is that during the process of achieving these goals, the criminal justice system is becoming overwhelmed with the large numbers of dealers and addicts. In most situations, the courts will often try to plea bargain the majority of these cases to deal with the backlog. At which point, the system will become full of another round of dealers and users. Once this begins to occur, it means that this repeating cycle will lead to overcrowding in many prisons and…
After 40 Years. (2010). Fox News. Retrieved from: http://www.foxnews.com/world/2010/05/13/ap-impact-years-trillion-war-drugs-failed-meet-goals/
Huddleston, C. (2008). Painting the Current Picture. Washington DC: National Drug Council Institute.
The National Association of Drug Court Professionals Drug Court Standards Committee. (1997). Defining Drug Courts: Ten Key Components. U.S. Department of Justice Office of Justice Programs. Washington DC: U.S. Government Printing Office.
Ngo, F. (2006). An Evaluation of Drug Courts. University of South Florida. Retrieved from: http://www.sarasota.usf.edu/Academics/CAS/Capstone/2009-2010/Criminology/Albritton%20-%20An%20Evaluation%20of%20Drug%20Courts.pdf
Future of Human Rights
Human Rights Implementation
This particular batch of readings was of extreme interest and aided in contextualizing the international struggle for the establishment of human rights in a global context. This aspect of the readings was definitely the strong point of them, for each and every article addressed the implementation of establishing human rights on an international basis. hereas previous readings were useful in presenting the ideology of human rights in an ideal sense, the readings in this particular group were considerably more utilitarian in the fact that they demonstrated the tangible application of such ideology which, in a word, is enforcement. All of the readings, including Jack Donnelly's "The Relative Universality of Human Rights," Tom Farer's "Restraining the Barbarians: Can International Criminal Law Help?," and Mark Osiel's "hy Prosecute? Critics of Punishment for Mass Atrocity" -- all of which appeared in Human Rights Quarterly -- addressed…
Donnelly, Jack. 2007. "The Relative Universality of Human Rights." Human Rights Quarterly 29(2): 281-306.
Farer, Tom J. 2000. "Restraining the Barbarians: Can International Criminal Law Help?" Human Rights Quarterly 22(1): 90-117.
Osiel, Mark. 2000. "Why Prosecute? Critics of Punishment for Mass Atrocity." Human Rights Quarterly 22(1): 118-147.
Earlier this year, Jennifer ilbanks got extremely cold feet before her wedding. She ran off on her fiance a few days before the scheduled ceremony, which was planned to be elaborate, with 600 invited guests. ilbanks initially lied about her disappearance, saying she was kidnapped and brought to New Mexico when she had actually purchased her own ticket to Albuquerque in advance and feigned the abduction. Because ilbanks lied to authorities, cost friends, family, members, and their wedding guests considerable grief and personal financial expense, and because the official search for ilbanks cost tens of thousands of dollars using hundreds of law enforcement officers and volunteers, the woman should be prosecuted and forced pay reimbursements to law enforcement.
Step Two: However, ilbanks' fiance, a devout Christian, has proclaimed his enduring love, compassion, and forgiveness for his runaway bride. The love struck Sean Hannity said to the news media that he…
'Charges Not Ruled Out for Runaway Bride." 2 May 2005. CNN.com. Retrieved online 22 July 2005 from http://www.cnn.com/2005/U.S./05/01/wilbanks.found/
Drug treatment represents only part of the equation to combat drug-related crime. Alternatives to the war on drugs such as legalization, decriminalization and harm reduction may initially sound like they are more compassionate approaches to the drug problem, but the reality is that they won't work as shown by the Netherlands's experience with decriminalization of drugs. The truth is that the war on drugs has accomplished a great deal more than these alternatives ever could and that Americans are a lot better off because of it. For all the reasons presented in this paper, the legalization of drugs is a really bad idea.
10 main pros and cons on medical marijuana. ProCon.org. Retrieved August 8, 2006 from Web site: http://www.medicalmarijuanaprocon.org/pop/conflicts.htm
Cromie, W.J. (1998, March 19). War on drugs a failure, Americans say." Harvard University Gazette Retrieved August 8, 2006 from Web site: http://www.news.harvard.edu/gazette/1998/03.19/WaronDrugsaFail.html
Drug use trends (2002, October) Office…
10 main pros and cons on medical marijuana. ProCon.org. Retrieved August 8, 2006 from Web site: http://www.medicalmarijuanaprocon.org/pop/conflicts.htm
Cromie, W.J. (1998, March 19). War on drugs a failure, Americans say." Harvard University Gazette Retrieved August 8, 2006 from Web site: http://www.news.harvard.edu/gazette/1998/03.19/WaronDrugsaFail.html
Drug use trends (2002, October) Office of National Drug Control Policy. The White House Office of National Drug Control Policy. Retrieved August 8, 2006 from Web site: http://www.whitehousedrugpolicy.gov/publications/factsht/druguse/
Effectiveness of the war on drugs (2002). Drug Policy Alliance. Retrieved August 8, 2006 from Web site: http://www.drugpolicy.org/library/factsheets/effectivenes/index.cfm
A fruit of the poisonous tree means any evidence that has been obtained through illegal manner. If a search of a home is conducted illegally and the murder weapon is found during that search the gun would be considered fruits of a poisonous tree because it was obtained by "dirty hands." And as fruits of the poisonous tree the defense would have a right to ask that the gun be banned from introduction as evidence.
If the entire trial is going to rest on evidence that the judge believes is fruits from a poisonous tree the judge may dismiss the entire case at that time.
If the evidence in question is allowed to be introduced at trial there are other ways to challenge it. If it is forensic evidence the defense can hire its own forensic experts who can testify that the testing done on the evidence may have been…
Duret, Daphne (2006) EVIDENCE to BE EXCLUDED in RAPE CASE
The Palm Beach Post;
Young, Cathy (2002) Excluded evidence: The dark side of rape shield laws.
Other determining factors influencing long-term affects of abuse to a child include:
Whether the child's mother is supportive and child can confide in her.
Whether the child's experiences success at school
Whether the child has nurturing relationships with peers. (Ibid.)
Childhood intimacy problems and sexual abuse, interacting with family background, contribute the child's developing self-esteem and sense or "world" mastery being disrupted. These deficits, in turn, increase the probability of a child experiencing psychological problems later in his/her adult. These developmental deficits may lead to social and personal vulnerabilities later in life, and consequently contribute to the risk of mental health problems developing and/or increasing. (Ibid.)
Sexual Abuse "Signs"
Effects of early sexual abuse, which include childhood intimacy problems, last well into a person's adulthood and effect their relationships, family and work. Individual symptomatology tends to be reflected into the following four areas:
1. "Damaged goods: Low self-esteem, depression, self-destructiveness…
Profile: Sexual predators solicit children on the Internet," All Things Considered (NPR), June 19, 2001.
BETTER ANSWER to SEXUAL PREDATORS.(Editorial)(Editorial)," Seattle Post Intelligencer (Seattle, WA), June 15, 1997.
Bolen, Rebecca M.. "Child sexual abuse: prevention or promotion?," Social Work, April 1, 2003.